Do I have to pay the mehr even if the marriage (nikah) is invalid?

12 March 2018

We had nikah with my girlfriend without informing our families one year ago. There is no engagement or civil marriage. Our families still do not know and we separated. Now I heard that nikah without the girl's supervisor's permission was invalid. I had promised to pay 20 golden coins as mehr. Do I still have to give her that mehr?

If marriage (nikah) was performed without the information and permission of the bride’s family, then that marriage is invalid. However, you have to pay the mehr if the marriage was consummated. If not consummated, you do not need to pay the mehr.

The Messenger of Allah said: “Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali.” (Abu Dawood, Nikah/Marriage, 20; Tirmidhi, Nikah/Marriage, 14; Ibn Majah, Nikah/Marriage, 15; Ahmad Ibn Hanbal, Musnad, 6/66)